March 19th, 2013
Originally posted on ThinkBrigade
This opinion piece is published in collaboration with Women Deliver 100 Young Leaders, liaised by Bijoyeta Das. Ife Smith is one of the 100 Young Leaders for 2012-2013.
The story of a young woman who endured both domestic violence and a court system that is unfriendly to the poor.
A
hard-working, law-abiding young woman who made the wrong decision of
entering into a relationship with someone she thought she knew. During
this relationship she endured physical, mental and emotional abuse. Not
only did she had to literally run for her life, but the life she now has
she can barely call her own because of her country’s inhumane,
unfriendly and insufferable legal system which she had to turn to for
help.
She even lost her mother as a result of the said system. She recalled
how one day her mother left the court with her feeling so helpless that
the next day, after enduring a night of torturous worry for fear of her
daughter’s life, she suffered a ruptured blood vessel in her brain. Her
mother passed away two days later, leaving her children orphans. Her
older brother dropped out of university; the younger brother, who is
currently pursuing his post-graduate studies at the main University in
Trinidad, now has a hard time paying his school fees.
The judicial system in Trinidad & Tobago,
she said, is plagued with overcrowding, lack of privacy, bureaucracy
and insufficient human resources to effectively deal with all the issues
brought before it. She recalled that since her application and
appearance in March 2011 for breach of a protection order, she had
endured at least 10 adjournments and was forced to wait two and a half
months for a verdict that came sometime in May 2012, although she was
represented by a counsel.
More than that, she had to beg her employers for time off to attend
court with the promise to return in a timely manner, only to break that
promise over and over again, as she would spend almost the entire day at
the court. The Magistrate would instruct parties to be present for
9:00am but would sometimes arrive at 10:00am, if at all.
But she can’t even make him apologise for his tardiness or absenteeism.
Most times, the Magistrate would proceed to arbitrarily adjourn matters
as if it was so easily done for those who had suffered. She also
pointed out that even when Magistrates are absent from other courts, the
Magistrate from the Domestic Violence/Family Court was expected to go
and deal with those matters as though domestic violence cases were less
important or urgent.
She is a professional woman with supervisory responsibilities. The
judicial system that is supposed to protect her has instead left her
feeling frustrated, discouraged and hopeless. She said she has come to
the humble realisation that the country’s legal system is designed for
people with lots of time on their hands and the very rich who can be
escorted through the basement of the courts.
So my question is: what about all those law-abiding people who
diligently contribute to the asset base of the country through paying
taxes, as well as those contributing intellectually and spiritually? She
has done nothing wrong and yet she (and by extension her family) was
made to suffer unfair consequences.
She recalled further that her commitment to her job was questioned as
she constantly had to be seeking time off and as a result had been
by-passed with opportunities for training and acting in higher
positions. But according to the law of reinforcement, shouldn’t good
behaviour be rewarded and undesirable behaviour punished? This to me
creates conflict, and the minds of persons and their fundamental
teachings can be brought into question.
More than that: it highlights a contradiction in the system which is
supposed to protect people from crimes. What it does instead though is
encourage lawlessness and forces people to take the law into their own
hands.
The system she painfully describes is very harsh and oppressive and
benefits the unscrupulous lawyers who can charge exorbitant fees per
appearance. If one does not have a lawyer, they are made to feel as
though they are stripped of their dignity. Unrepresented persons who are
usually poor generally feel the brunt of the system as they are made to
wait for hours to have their matters called because they are usually
the last ones on the docket.
As a young woman of this country, I must ask: what about their human
right to be recognised a person before the law as well as their human
right to security and protection? How does the world help young women
who do not have the capacity or the financial resources to fight their
ground?
What scares me though is that this country has committed itself to international declarations such as the UN Declaration on Elimination of Violence Against Women,
which means it must enact, strictly enforce, repeal legislation and
take preventive measures to protect women, youth and children from all
forms of violence and abuse as well as to enact and enforce legislation
against the perpetrators of practices and acts of violence against
women.
Additionally, governments agreed to provide mechanisms to victims of
violence to report violations and access to justice with effective
remedies which also includes the provision of low-cost or free legal
assistance for those living in poverty. But for this woman, from making
reports to the police all the way to the court has been a nightmare: she
says no-one seemed to be trained, sensitised, informed or educated in
dealing with cases of domestic violence.
I believe the time has come for reforms in how Trinidad & Tobago
deals with domestic violence. Women continue to be beaten, raped and
killed, even set on fire. In 2011 two children, aged five and eight,
were brutally stabbed to death along with their mother. It has also now
crept onto the doorsteps of a prominent law practitioner as he too has
lost his daughter to domestic violence. Based on crime against women
statistics, over 18,000 protection orders were sought in 2011 in this
country; it is well on its way in becoming the domestic violence hub of
the world.
Society owes its citizens security, health care, water, education and
love, just to name a few. Protection from violence is also a need that
must be fulfilled and society and the government must play their part.
Ife Smith, 28, is from Trinidad and Tobago. She is pursuing her
Master’s in Labour and Employment Relations at the University of the
West Indies – Barbados. She has 11+ years’ of experience in advocacy,
peer education, and sexual and reproductive health rights. She is also a
volunteer at the Family Planning Association’s youth branch, Youth
Advocacy Movement.
Flickr photograph via CWGL.
Source:
http://www.womendeliver.org/updates/entry/voices-of-advocates-part-1-domestic-violence-trinidad-tobago